If you’ve ever hunted for a rare bottle online, only to get blocked because your favorite shop is across the state line, you know the pain. That interstate shipping gray zone might finally get a little sunlight. An Arizona case, Day v. Henry, is headed to the Supreme Court’s doorstep, and it could be the nudge that convinces SCOTUS to clarify whether wine retailers can ship across all state lines—or whether the patchwork continues to fray like a beach towel after too many summers.
Quick backdrop: several federal appeals courts have split on the same basic question—can states require a retailer to have a physical presence in-state and still call it an “essential part” of the three-tier system? Arizona’s Ninth Circuit said yes (2-1), even after withdrawing and reissuing the opinion with the same result. The dissent argued that simply invoking the three-tier system isn’t enough; a state needs real evidence of health-and-safety benefits to justify discrimination against out-of-state retailers.
Here’s the constitutional tug-of-war. On one side, the dormant Commerce Clause says states can’t discriminate against products from other states. On the other, the 21st Amendment gives states authority to regulate “intoxicating liquors.” The three-tier system—producer, distributor, retailer—was a political surfboard cobbled together after Prohibition to keep producers from running saloons. It’s never explicitly mentioned in the 21st Amendment, but it’s become gospel anyway.
We’ve been down this road before. In 2005, the Court said Michigan and New York couldn’t treat in-state wineries better than out-of-state wineries. In 2019, it struck down Tennessee’s residency requirement for opening a liquor store. Retailer shipping wasn’t the headline in either case, but the logic pointed that way. Still, as Wine-Searcher notes,
“states really, really like regulating alcohol.”—Wine-Searcher
And they’ve kept applying in-state presence rules like sunscreen at noon—liberally and repeatedly.
So what’s at stake? Choice and access for consumers, obviously, but also the future of small specialty shops that rely on national customers, plus clearer compliance rules for age verification, tax remittance, and reporting. If SCOTUS takes the case and says physical presence isn’t a valid barrier, states will likely pivot to neutral, safety-focused rules that don’t discriminate by address—think robust ID checks, adult signatures, tax systems that actually work, and better data-sharing to track shipments.
If the Court passes, expect more of the same patchwork, more lawsuits, and more confusion. As a not-so-subtle reminder of the stakes:
“Billions of dollars are on the line, not to mention the rights of American consumers to access the legal products they want.”—Wine-Searcher
That’s Tom Wark via Wine-Searcher, and he’s not wrong. The upside is obvious for collectors and the curious: easier access to nuanced, small-production bottles that never reach your local shelf.
Practical takeaways while we wait for cert: keep leveraging winery-direct shipping where it’s allowed, because Granholm’s logic still protects that lane. If you’re a retailer, get your compliance ducks in a row—age checks, recordkeeping, and tax remittance—so you’re ready to move the moment the tide turns. Consumers can also advocate locally and support trade groups pushing for non-discriminatory policies. It doesn’t hurt to let your state reps know you don’t want your palate fenced in by zip codes.
Predictions? The current Court has changed since 2019, but not dramatically. If SCOTUS grants review and the justices who backed the Tennessee decision hold their line, we might finally get clarity. If not, the interstate wave keeps breaking unevenly—some states calm, others choppy, everyone paddling.
Bottom line: whether you’re chasing old-vine Chenin or a funky Jura red, this isn’t just corks and case boxes—it’s constitutional law with real-world flavor. If the Court bites, wine retail could get the national rules it deserves. If it doesn’t, pour yourself something patient. As any surfer will tell you, some sets take a while to roll in.
Source: https://www.wine-searcher.com/m/2026/01/wine-shipping-might-get-another-court-date
